Posted on 08/26/2025 9:10:34 AM PDT by Red Badger
A federal judge on Tuesday tossed out a lawsuit President Trump filed against the entire Maryland federal bench over their unlawful practice of issuing “automatic injunctions” to stop deportations of criminal aliens.
US District Judge Thomas Cullen, a Trump appointee, tossed out President Trump’s lawsuit after appearing skeptical during a hearing earlier this month.
“Much as the Executive fights the characterization, a lawsuit by the executive branch of government against the judicial branch for the exercise of judicial power is not ordinary. The Executive’s lawsuit will be dismissed, and its motion for preliminary injunction denied as moot. Whatever the merits of its grievance with the judges of the United States District Court for the District of Maryland, the Executive must find a proper way to raise those concerns,” Judge Cullen wrote in a 37-page opinion.
In June Trump’s Department of Homeland Security (DHS) sued the entire federal district court bench in Maryland on Tuesday evening over an order blocking deportations of criminal aliens.
The lawsuit was filed after the US District Court for the District of Maryland issued an order that required the clerk to automatically enter an injunction against removing any illegal alien who challenges their deportation and files a habeas petition.
“This lawsuit involves yet another regrettable example of the unlawful use of equitable powers to restrain the Executive. Specifically, Defendants have instituted an avowedly automatic injunction against the federal government, issued outside the context of any particular case or controversy. They did so by promulgating a standing order (“Standing Order”) and amended standing order (“Amended Standing Order”; together, “Orders”) that require the court clerk to automatically enter an injunction against removing, or changing the legal status of, any alien detained in Maryland who files a habeas petition,” the lawsuit against the judges said.
“Defendants’ automatic injunction issues whether or not the alien needs or seeks emergency relief, whether or not the court has jurisdiction over the alien’s claims, and no matter how frivolous the alien’s claims may be,” the lawsuit said.
“Unbelievably, an injunction automatically issues even if an immigration attorney files a habeas petition in Maryland incorrectly stating that the illegal alien is detained in Maryland, when the illegal alien is actually detained in Texas. (This literally happened.),” Chad Mizelle, Chief of Staff to the Department of Justice said.
“Automatic injunctions flagrantly violate Supreme Court precedent. In the Court’s words, an injunction is never “a matter of right.” But the Maryland federal district court offers immediate injunctions, as “a matter of right,” to any illegal alien who files in its court,” he said.
Nice.
The judges break the law, but aren’t answerable in court for their actions.
What does that leave?
Black robed tyrants need to be removed from the bench.
A blanket, automatic injunction against ALL deportations is a direct violation of Article 1, Section 1 of the US Constitution. What other relief mechanism is there for one branch against another in such a case?
What a stupid decision!!!!!
By the same token, THE EXACT SAME ARGUMENT, the judiciary should not be doing that to the executive branch!!!!!!!!!
Why say “A Trump appointee” when “blue slips” are a thing. It’s completely meaningless.
Exactly. I predict that a search of Cullen’s background will demonstrate just that. This “blue slip” crap is just that. Crap.
The only way this will ever be resolved it to keep bringing good test cases to the Supreme Court so they have no alternative but to address the issue of judical power, which they have always avoided to the extent possible.
Justices naturally are not keen to limit the powers of judges but when cases are brought that focus on the constitution and offer them no wiggle room, I think they will decide the right way. But there is no guarantee.
> What does that leave?<
Sue them individually. Fifteen separate cases are bound to catch a few without a lawless judge protecting them.
I bristle to say it, but Judge Cullen is at least following the law and not allowing one net to be cast over everyone, unlike the universal injunction nitwits.
EC
Ouch.
Uhhhh, impeachment and removal.
It seems odd that judicial branch has carte blanche to bring immediate action against executive branch decisions but executive branch has to go through months-years of appeal process to action judicial branch. Especially since the transparent D bias of judiciary follows the comrades in arms philosophy of the Democrat party but Republicans show a more “judicial temperament” if not “hit me again, harder.”
This was well past the time the Senate Democrats started their judicial confirmation resistance to Trump, so this is probably a McConnell stooge.
If an Immigration judge...or Immigration court...has ordered a wetback to be deported then deport him/her regardless of what some appeals court judge rules.
More deep state trying to run out the clock.
Also McConnell stooges and Leonard Leo stooges are a thing.
Its a product of tyranny. They see themselves as “extra equal” in the co-equal, balanced branches of government.
Cullen was recommended as a candidate for United States attorney by Virginia Senators Mark Warner and Tim Kaine.
To be nominated as a federal Article III stooge, he also had to get by blue slips from Warner and Kaine, and they both voted for his confirmation.
2nd amendment. Or DOJ starts arresting judges or Pres ignores them.
Federal Court Judges Disregarding FRCP Rule 65 (Injunctive Relief) are committing an impeachable offense
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